Search form

Featured Topics

To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

12 FLRA No. 32
U.S. ENVIRONMENTAL PROTECTION AGENCY
RESEARCH TRIANGLE PARK, NORTH CAROLINA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Petitioner
Case No. 4-CU-52
DECISION AND ORDER CLARIFYING UNIT
Upon a petition duly filed with the Authority under section
7111(b)(2) of the Federal Service Labor-Management Relations Statute
(the Statute), a hearing was held before a hearing officer of the
Authority. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon careful consideration of the entire record, including the
parties' contentions, the Authority finds: The American Federation of
Government Employees, AFL-CIO (AFGE) was certified on January 8, 1980 as
the exclusive bargaining representative for a consolidated unit to
professional employees of the U.S. Environmental Protection Agency
including the unit located at U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina which AFGE seeks to clarify
herein. Essentially, the petition seeks to clarify the bargaining unit
status of four employees based on the Activity's allegation that they
are management officials. /1/
The Activity contends that John L. McGinnity, Environmental Engineer,
GM-819-14, P.D. 7555; John D. Bachmann, Environmental Engineer,
GS-819-14, P.D. 6327; Darryl J. VonLehmden, Chemical Engineer,
GM-893-14, P.D. 6259; and Richard C. Dickerson, Physical Scientist,
GS-1301-14, P.D. 7436 are management officials and must be excluded from
the unit. /2/ In the lead case of Department of the Navy, Automatic
Data Processing Selection Office, 7 FLRA No. 24 (1981), the Authority
interpreted the statutory definition of "management official" to include
those individuals who: (1) create, establish or prescribe general
principles, plans, or courses of action for an agency; (2) decide upon
or settle upon general principles, plans or courses of action for an
agency; or (3) bring about or obtain a result as to the adoption of
general principles, plans or courses of action for an agency. Applying
these criteria to the instant case, the Authority finds that although
the incumbents of the job classifications listed above are highly
trained professionals whose actions assist in implementing, as opposed
to shaping, the Activity's policies, they currently do not exercise
duties and responsibilities which require or authorize them to
formulate, determine, or influence the policies of the Activity within
the meaning of section 7103(a)(11) of the Statute as interpreted by the
Authority. See U.S. Army Engineer Topographic Laboratories, Fort
Belvoir, Virginia, 10 FLRA No. 26 (1982). Accordingly, the Authority
finds that they are not management officials and therefore should be
included in the bargaining unit.
ORDER
IT IS ORDERED that the unit sought to be clarified herein be, and it
hereby is, clarified by including in said unit John L. McGinnity,
Environmental Engineer, GM-819-14, P.D. 7555; John D. Bachmann,
Environmental Engineer, GS-819-14, P.D. 6327; Darryl J. VonLehmden,
Chemical Engineer, GM-893-14, P.D. 6259; and Richard C. Dickerson,
Physical Scientist, GS-1301-14, P.D. 7436. Issued, Washington, D.C.,
June 2, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The original petition sought to clarify some 35 classifications
covering 86 employees; however, prior to the hearing, the parties
resolved the status of all but five positions. During the course of the
hearing, the parties stipulated that Robert T. Walsh, Chemical Engineer,
GS-893-14, P.D. 6028 is a supervisor and should be excluded from the
unit. That stipulation is deemed to be a motion to amend the petition
and is hereby granted.
/2/ Section 7103(a)(11) of the Statute defines a "management
official" as:
. . . an individual employed by an agency in a position the duties
and responsibilities of which require or authorize the individual
to formulate, determine, or influence the policies of the agency.
. . .